A lawsuit against the City of Nelson that started during a heavy downtown snowfall in 2015 has been settled out of court by the city’s insurers.
Taryn Marchi, then 28, sued the city for negligence after she injured her knee in a snowbank on Baker Street.
Marchi lost in B.C. Supreme Court in Nelson in March 2019, with the judge calling her “the author of her own misfortune.”
She appealed that decision to the B.C. Court of Appeal, which decided in her favour in January 2020. The city, based on the advice of its insurers, then appealed to the Supreme Court of Canada.
That Marchi was injured in the snowbank incident was never in question – both sides agreed that she was.
Rather, the seven Supreme Court judges had to decide if a municipality’s core policies, such as the obligation to maintain its streets, are immune from negligence claims.
In October 2021 the court decided they are, but found problems with the city’s snow clearing operations, and ordered a new trial in B.C. Supreme Court.
But that new trial won’t happen because of the settlement, and the amount awarded to Marchi will never be known publicly. According to city manager Kevin Cormack, the settlement agreement contains a provision that the amount be kept confidential.
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